Christian Stegmaier and Kelsey Jan Brudvig, both of Collins
& Lacy, PC, and Chief Appellate Defender Robert Michael
Dudek, all of Columbia, for Appellant.

Attorney General Alan McCrory Wilson, Assistant Deputy
Attorney General David A. Spencer, and Assistant Attorney
General Mary Frances G. Jowers, all of Columbia, for
Respondent.

SHORT,
J.

Teresa
Davis appeals her convictions of first-degree burglary and
possession with intent to distribute (PWID) methamphetamine,
second offense, for which the trial court sentenced her to a
cumulative term of eighteen years' imprisonment. On
appeal, Davis argues the trial court erred by (1) denying
Davis's motion to sever her charges, (2) refusing to
direct a verdict of acquittal when the State failed to
present evidence showing Davis had control over the drugs
found in the vehicle, and (3) refusing to direct a verdict of
acquittal because the State failed to introduce any direct or
substantial circumstantial evidence that the home was
occupied, for the purposes of qualifying as a dwelling, at
the time of the alleged burglary. We affirm.

FACTS

As he
was driving to work on February 10, 2014, Douglas Paul
noticed a strange car in the driveway of his mother's
home. Paul testified his mother suffered from Alzheimer's
disease and had moved to a nursing home in the area about six
months prior. His mother had given him a power of attorney,
and he placed her home on the market but maintained and cared
for the property, usually stopping by at least once a week.
Not recognizing the car, Paul stopped at the house and looked
around the property. After finding the car empty, Paul
approached the house and found the front door was still
locked. He walked to the garage door, which was still closed.
Peering through the garage window, Paul noticed the door
adjoining the house and garage was open. Suspecting an
intruder, Paul called his wife and asked her to bring the key
to the house as well as his handgun.[1] Once his wife arrived, Paul
entered the home through the front door and noticed the glass
sliding door at the back of the house was open. Hearing a
noise upstairs, Paul shouted, "I know somebody is here.
You know, whoever you are, you need to answer me." Paul
also warned the intruder he was armed with a handgun. Paul
exited the house and called the police because the noise from
upstairs became clangorous, sounding as if "someone was
tossing furniture." About eight to ten officers
responded to the scene at various points throughout the day
and most were in uniform. Officer George Mayer was the first
to respond. Paul's wife informed Mayer she saw a man, who
looked out of place, walking down the street. Mayer located
the man and placed him in investigative detention in a squad
car at the scene. Mayer identified the man as Ted Davis
("Brother"). Mayer searched Brother, finding a pair
of work gloves in his boot as well as a white substance and
glass pipe adjacent to his person.[2]

After a
sweep of the scene, the police did not find anyone within the
home or on the property. Paul walked through the home with
the police, finding various doors, cabinets, and closets open
throughout the home and garage, as well as an open window in
the master bathroom located on the back part of the roof.
Paul testified many of his mother's antiques and jewelry
were collected in piles throughout the home. The police found
a latex glove on the floor in the garage.

The
police completed an inventory of the vehicle in the driveway,
finding a purse and a small plaid bag next to each other in
the driver's seat. Inside the purse, the police found
Teresa Davis's South Carolina driver's license, lip
balm, and some paperwork. The smaller plaid bag contained
money, a digital scale, tissue paper, little baggies, a
spoon, and a metal tin that contained two bags containing a
crystallike substance. The police also found mail in the back
of the car behind the driver's seat. The mail was
addressed to Davis, and the address matched the one on her
driver's license. After running the license plate tag on
the car, the police found it was registered to Lavina Davis.

After
inventorying the vehicle, the police suspected another person
may still be on the property. As some officers were walking
along the back of the house, they spotted Teresa Davis
crouching on the roof behind the chimney. As the police
assisted Davis down from the chimney, a glass pipe rolled
down the roof. The police placed Davis in investigative
detention and read her Miranda[3] rights to her.
After waiving her rights, Davis told police she was at the
home because she was dropping off her friend Joe Mann. Davis
further explained she hid on the roof because she was
frightened. When asked why she remained on the roof for hours
while the police were investigating, Davis did not respond.

When
the police inquired about the drugs found in the car, Davis
admitted the drugs were hers, stating, "That's mine.
My brother doesn't do that." The police then placed
Davis under arrest for PWID methamphetamine, after which
Davis recanted her confession.[4] While conducting a search of
Davis's person, the police found gloves and a flashlight
in her jacket pocket. A grand jury indicted Davis for
first-degree burglary and PWID methamphetamine, second
offense.

At the
beginning of trial, Davis moved to sever her charges, arguing
the offenses were not closely related in kind or character.
The trial court denied Davis's motion, finding both
charges required the same witnesses.

During
trial, Paul testified his mother lived in the home for
thirty-seven years before moving to a nursing home in the
area for medical reasons. Paul explained as his mother's
attorney in fact, he placed the home on the market because
the future was uncertain; however, it was the family's
hope that she would be able to return to the home at some
point. Paul testified either he or his wife checked on the
home every "two to three days." Paul testified all
of his mother's furniture, as well as some of her
clothing, remained in the home. Paul also testified he and
his wife stopped by the home a couple days before the
incident, and they left the home with all the doors and
windows closed and locked. Paul specified he kept "big,
round wooden sticks" in the sliding glass doors that had
to be removed from inside the house to open the doors. Paul
testified the utilities were still on in the home. Paul
testified he was "a hundred percent certain" he did
not leave the bathroom window open, and for it to be opened,
someone would have to open both the window and the outer
storm window. Paul noted it was cold and the heat was on in
the house, so neither he nor his wife would have left any
doors or windows open. On cross-examination, Paul admitted
the home was on the market at the time of the incident. Paul
testified his mother had not returned to the residence since
moving to the nursing home, and he did not stay at the home
because he lived within walking distance.

The
trial court recognized Meredith Landford as an expert in
forensic chemistry. Landford testified that after testing the
amounts found in the plaid bag, she ascertained the first bag
contained 4.61 grams of methamphetamine and the second bag
contained 2.63 grams of methamphetamine. Investigator William
Freestate testified the items found within the plaid bag,
such as the digital scale, spoon, and baggies, indicated the
methamphetamine was for distribution rather than personal
use. Additionally, Patrick Wagner, an evidence technician for
the sheriff's office, testified he recovered one latent
print from the home, and it did not match Davis's prints.

At the
close of the State's case, the trial court instructed the
jury the parties stipulated Davis had two prior burglary
convictions. Davis moved for a directed verdict on the
first-degree burglary charge, arguing the State failed to
show there was an "occupant or inhabitant against whom
the offense could have been committed"; therefore, the
home did not qualify as a dwelling for purposes of
first-degree burglary. Specifically, Davis asserted the
vacant house was on the market and neither the owner nor Paul
resided therein. The State argued all of Paul's
mother's furniture remained in the home, and she would
have returned to the home had her condition improved. The
State further noted the family only placed the home on ...

Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.

Buy This Entire Record For
$7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.